In the Matter of An Application BY Yuhui Lei for Leave to Appeal

[2014] HCASL 24

IN THE MATTER OF AN APPLICATION BY YUHUI LEI FOR LEAVE TO APPEAL

[2014] HCASL 24
M124/2013

1. On 3 June 2011, the applicant filed an application for an order to show cause in relation to a decision of the Minister for Immigration and Citizenship.  On 30 October 2012, a single Justice of this Court (Hayne J) dismissed the application.  On 8 May 2013, Bell and Gageler JJ refused the applicant special leave to appeal from Hayne J's decision[1].

   [1]Lei v Minister for Immigration and Citizenship [2013] HCASL 64.

2. On 10 July 2013, Crennan J made a direction, pursuant to r 6.07 of the High Court Rules 2004, that the Registrar refuse to issue or file an application for leave to appeal without the leave of a Justice of this Court first had and obtained.

3. On 29 July 2013, the applicant filed an application seeking leave pursuant to r 6.07 to issue another application for leave to appeal from Hayne J's decision of 30 October 2012. On 22 August 2013, that application was refused by a single Justice of this Court (Gageler J). Gageler J held that the application for leave to appeal would be an abuse of process and vexatious.

4. The applicant seeks leave to appeal to this Court from the decision of Gageler J.  The application does not identify any error in that decision.  An appeal to this Court would enjoy no prospects of success.  Leave is refused.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
6 March 2014 P.A. Keane